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For Oral Answer on : 18/04/2024
Question Number(s): 118 Question Reference(s): 17004/24
Department: Enterprise, Trade and Employment
Asked by: David Stanton T.D.
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QUESTION
* To ask the Minister for Enterprise; Trade and Employment to outline the current situation with respect to the proposed referendum on the Unified Patent Court; and if he will make a statement on the matter.
– David Stanton T.D.
For ORAL answer on Thursday, 18 April, 2024.
REPLY
I propose to take PQs 17004/23 and 17053/23 together.
On Tuesday, Government agreed to a deferral of the constitutional referendum on Ireland’s participation in the Unified Patent Court which had been due to take place on the 7th of June 2024. The Government continues to believe that joining the UPC is essential, and that the referendum should be pursued.
The Bill was scheduled for the Seanad this week, but I was concerned that with only 7 weeks to the polling date, there would be insufficient opportunity for public discourse. We need to ensure we provide sufficient time for robust public discussion and engagement by stakeholders to help inform the debate. The issue is important and Government is determined to get it right.
In addition, there is emerging consensus that the June elections, which the referendum was aligned alongside for practical reasons, will likely give rise to diverse issues and campaigns which could crowd out a debate on the important but technical question posed by the referendum.
The Government reaffirmed its commitment that Ireland would join the Unified Patent Court and sees many benefits to Ireland’s ratification of the UPC: for the competitiveness of the small business sector; for Ireland’s overall national competitiveness and reputation; and for supporting the Science and R&D agenda.
Irish inventors can still acquire a Unitary Patent for their invention, but there will be a separate cost to register a patent in Ireland. For now, they will have to travel abroad and incur costs to protect their Unitary Patent in the 17 participating countries if any legal case arises.
The Government will decide on an alternative date for the referendum in due course.
